Bill Text: NJ A3653 | 2016-2017 | Regular Session | Introduced
Bill Title: Extends certain benefits to family members of military members who died while in service.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2016-04-14 - Introduced, Referred to Assembly Military and Veterans' Affairs Committee [A3653 Detail]
Download: New_Jersey-2016-A3653-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Extends certain benefits to family members of military members who died while in service.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the extension of certain benefits to family members of members of the military who died in service and amending various parts of statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.11A:5-3 is amended to read as follows:
11A:5-3. [Parent and spouse] Family member of veteran who has died in service. A [parent and spouse] family member of any veteran who died while in service and who would have qualified under this chapter as a veteran, shall be entitled to a disabled veterans' preference. Where [both a parent and spouse] more than one of the family members survive, the exercise of the preference by one shall suspend the right of any other so long as the first individual who exercises preference remains in the employ of the State or any political subdivision operating under the provisions of this title.
As used in this section, "family member" means a spouse, parent, brother, sister, child, legal guardian or other legal custodian, whether of the whole or half blood or by adoption.
(cf: N.J.S.11A:5-3)
2. Section 22 of P.L.1999, c.46 (C.18A:62-25) is amended to read as follows:
22. Any [child or surviving spouse] family member of a member of the New Jersey National Guard or any branch of the Armed Forces who [heretofore completed Initial Active Duty Training and] was killed in the performance of his duties while on active duty [with the New Jersey National Guard, or who hereafter completes Initial Active Duty Training and is killed in the performance of his duties while a member of the New Jersey National Guard], shall be permitted to attend regularly-scheduled courses at any public institution of higher education in this State enumerated in N.J.S.18A:62-1 and receive up to 16 credits per semester tuition-free provided that:
a. the [child or spouse] family member has been accepted to pursue a course of undergraduate study and is enrolled as an undergraduate student in good standing at that institution or a course of graduate study and is enrolled as a graduate student in good standing at that institution;
b. the [child or spouse] family member has applied for all available State student grants and scholarships and all available federal student grants and scholarships for which the [child or spouse] family member is eligible;
c. the [child or spouse] family member has applied for tuition benefits available through the United States Department of Veterans Affairs for which the [child or spouse] family member is eligible under the "Post-9/11 Veterans Educational Assistance Act of 2008," Pub.L.110-252 (38 U.S.C. s.3301 et seq.); and
d. available classroom space permits and tuition-paying students constitute the minimum number required for the course.
As used in this section, "family member" means a spouse, parent, brother, sister, child, legal guardian or other legal custodian, whether of the whole or half blood or by adoption.
(cf: P.L.2009, c.208, s.2)
3. Section 4 of P.L.1989, c.162 (C.38A:3-6.6) is amended to read as follows:
4. The following persons, if they are without sufficient financial ability to provide for their support and necessary care in the community, may be admitted to a veterans' facility:
a. A disabled veteran who has been a resident of New Jersey for at least two years prior to the date of application;
b. The spouse of any person who has been admitted to a veterans' facility, provided that the spouse is not less than 50 years of age and has been married to such person for a period of not less than 10 years;
c. The surviving spouse of a person who died an honorable death while in the active military service of the United States, or who was a disabled veteran at the time of death, provided that the surviving spouse was the person's spouse at the time of the person's service or was married to the person not less than 10 years prior to the date of application and has not married since the person's death, and provided that the surviving spouse has been a resident of New Jersey for at least two years prior to the date of application; and
d. The [parent] family member of a person who was a resident of New Jersey at the time of entry into, and who died an honorable death in time of war or emergency while in, the active military service of the United States, provided that the [parent] family member has been a resident of New Jersey for at least two years prior to the date of application.
This section shall not be construed to prevent a veteran who actually served in a New Jersey military organization, and who is qualified for admission except for the required period of State residence, from being admitted to a veterans' facility, but preference shall be given to persons who have been residents of the State for a period of at least two years prior to application.
As used in this section,
"family member" means a parent, brother, sister, child, legal
guardian or other legal custodian,
whether of the whole or half blood or by adoption.
(cf: P.L.1989, c.162, s.4)
4. Section 1 of P.L.1955, c.49 (C.40:61-22.20) is amended to read as follows:
1. a. The governing body of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers which owns or shall acquire, by any deed of dedication or otherwise, lands bordering on the ocean, tidal water bays or rivers, or easement rights therein, for a place of resort for public health and recreation and for other public purposes shall have the exclusive control, government and care thereof and of any boardwalk, bathing and recreational facilities, safeguards and equipment, now or hereafter constructed or provided thereon, and may, by ordinance, make and enforce rules and regulations for the government and policing of such lands, boardwalk, bathing facilities, safeguards and equipment; provided, that such power of control, government, care and policing shall not be construed in any manner to exclude or interfere with the operation of any State law or authority with respect to such lands, property and facilities. Any such municipality may, in order to provide funds to improve, maintain and police the same and to protect the same from erosion, encroachment and damage by sea or otherwise, and to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, by ordinance, make and enforce rules and regulations for the government, use, maintenance and policing thereof and provide for the charging and collecting of reasonable fees for the registration of persons using said lands and bathing facilities, for access to the beach and bathing and recreational grounds so provided and for the use of the bathing and recreational facilities, but no such fees shall be charged or collected from children under the age of 12 years.
b. A municipality may by ordinance provide that no fees, or reduced fees, shall be charged to:
(1) persons 65 or more years of age;
(2) persons who meet the disability criteria for disability benefits under Title II of the federal Social Security Act (42 U.S.C. s.401 et seq.);
(3) persons in active military service in any of the Armed Forces of the United States and to their spouse or dependent children over the age of 12 years;
(4) persons who are active members of the New Jersey National Guard who have completed Initial Active Duty Training and to their spouse or dependent children over the age of 12 years. As used in this paragraph, "Initial Active Duty Training" means Basic Military Training, for members of the New Jersey Air National Guard, and Basic Combat Training and Advanced Individual Training, for members of the New Jersey Army National Guard; [and]
(5) persons who have served in any of the Armed Forces of the United States and who were discharged or released therefrom under conditions other than dishonorable and who either have served at least 90 days in active duty or have been discharged or released from active duty by reason of a service-incurred injury or disability. The Adjutant General of the New Jersey Department of Military and Veterans' Affairs shall promulgate rules and regulations pertaining to veteran eligibility under this paragraph; and
(6) family members of a member of the military who died while in service, and who are residents of the State.
c. A municipality providing for no fees or reduced fees pursuant to paragraph (3), (4), or (5) of subsection b. of this section shall track, in a manner deemed appropriate by the governing body of the municipality, the number of persons who qualify under the provisions of those paragraphs.
d. As used in this section, "family member" means a spouse, parent, brother, sister, child, legal guardian or other legal custodian, whether of the whole or half blood or by adoption.
(cf: P.L.2013, c.240, s.1)
5. This act shall take effect immediately.
STATEMENT
This bill would extend to certain additional family members certain benefits presently available to spouses, parents or children of members of the military who died in service. Under this bill, qualified family members would be eligible to: receive a disabled veterans' preference for public employment in the civil service, receive tuition-free credits at any public institution of higher education in New Jersey; and be admitted into veterans' nursing homes administered by the Department of Military and Veterans' Affairs. In addition, the bill would permit municipalities to provide reduced or free admission to New Jersey beaches for such family members.
As used in this bill, "family member" includes a spouse, parent, brother, sister, child, legal guardian or other legal custodian, whether of the whole or half blood or by adoption.
